Project 2 - Testator's Family Maintenance Act

In 1965, the President of the Law Society of Western Australia approached the Attorney General with a proposal that the Act be amended to extend the classes of claimants to include the mother or father of the deceased and the children of a deceased child of the deceased. The President also suggested that the scope of the Act be extended to include intestate and partially intestate estates. A concern was also raised as to what particular assets could be taken into account by a court in making an order under the Act. The matter was subsequently referred to the Committee for consideration.

Terms of Reference

In 1968, the Committee was asked to report on the desirability of amending or expanding the provisions of the Testator’s Family Maintenance Act 1939-1962, so as to:

extend the right of application to new categories of persons;

permit applications for provision from estates in respect of which there is a total or partial intestacy;

define more accurately the circumstances in which a distribution of the assets of an estate may be disturbed in order to sustain an order made under the Act;

permit a variation increasing the provision made under an existing order.

Outcomes

The Inheritance (Family and Dependants Provision) Act 1972 gave full effect to the Committee’s recommendations.